M/s Pink City Vinimay Pvt. Ltd., Mumbai V. CIT, KOLKATA-1, Kolkata

MA 66/KOL/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3766 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 07-07-2015
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 66/KOL/2015 IN I.T.A NO. 659/KOL/2014 ASSESSMENT YEAR: 2008-09 M/S. PINK CITY VINIMAY (P) LTD. VS. COMMISSIONER OF INCOME-TAX, (PAN: AAECP4369C) KOLKATA-I, KOLKATA. ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 04.12.2015 DATE OF PRONOUNCEMENT: 04.12.2015 FOR THE APPLICANT: SHRI MIRAJ D. SHAH, AR FOR THE RESPONDENT: SHRI N. JUNGIO, JCIT ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR SETTING ASIDE THE EX PARTE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 659/KOL/20 14 DATED 11/06/2015 FOR ASSESSMENT YEAR 2008-09 AND FOR ADMISSION OF THE SA ME FOR HEARING ON MERITS. 2. THE TRIBUNAL VIDE ITS ORDER DATED 11.06.2015 DIS POSED OF THE APPEAL EX PARTE QUA THE ASSESSEE AND DISMISSED THE SAME FOR NON-PROSECU TION. 3. THE ASSESSEE HAS NOW MOVED A MISC. PETITION AND STATED THAT THE LD. AR OF THE ASSESSEE ON THE DAY OF HEARING OF THE APPEAL WAS ST UCK IN TRAFFIC JAM AND WHEN HE REACHED, HE WAS INFORMED THAT THE CASE WAS DISMISSED FOR DEF AULT JUST BEFORE HIS ARRIVAL. HENCE, THE ASSESSEE/APPLICANT HAS PRAYED THAT THE ORDER PASSED ON 11.06.2015 MAY BE RECALLED FOR PASSING A FRESH ORDER ON MERIT. IN THIS VIEW OF TH E MATTER AND NO OBJECTION ON BEHALF OF THE LD. SR. DR, WE RECALL THIS ORDER OF THE TRIBUNAL DA TED 11.06.2015 AND ADMIT THE APPEAL FOR FRESH HEARING. REGISTRY IS DIRECTED TO FIX THE APP EAL IN REGULAR COURSE. 4. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS ALLOWED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4TH DECEMBER, 2015 JD.(SR.P.S.) 2 MA NO.66/K/2015 M/S. PINK CITY VINIMAY (P) LTD. A. Y 2008-09 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT: M/S. PINK CITY VINIMAY (P) LTD., 303, SU RYA DARSHAN CHS. LTD. CARTER ROAD NO. 3, OPP. MANI BHAVAN, BORIVILI EAST, MUMBAI-400066. 2 RESPONDENT CIT, KOLKATA-I, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .